sch.4-sec.1-oc.2General meetings of body corporate

### sch.4-sec.1-oc.2 General meetings of body corporate A general meeting of a body corporate (an extraordinary general meeting ), which is not an annual general meeting, shall be held whenever it is convened by the committee. All business shall be deemed special which is transacted at an annual general meeting (with the exception of the consideration of accounts and the election of the chairperson, secretary and treasurer of the body corporate and other members of the committee) or at an extraordinary general meeting. Without limiting the power of a committee under subclause (2)— the secretary of a committee or, in his or her absence, any member of the committee shall convene an extraordinary general meeting of the body corporate as soon as practicable after he or she receives a requisition for an extraordinary general meeting signed by 1 or more persons entitled to vote in respect of 1 or more lots, the lot entitlement or the sum of the lot entitlements of which is at least one-quarter of the aggregate lot entitlement; and where a member of the committee other than the secretary receives a requisition to convene an extraordinary general meeting of the body corporate under this subclause, he or she may give, on behalf of the committee, the notice required to be given under subclause (4). Notice of a general meeting of a body corporate shall— be served on each lessee of a lot and first mortgagee of a lease of a lot, as ascertained from the roll, at least 7 days before the meeting; and set forth the date and time when and the place where the meeting is to be held; and where it is so served on a first mortgagee of a lease of a lot—include the name of the lessee of the lot and the addresses of the lot; and set forth the business of the meeting and in the notice, in respect of each motion to be considered by the meeting, specify whether the motion to be carried requires a resolution, special resolution, resolution without dissent or unanimous resolution; and where it is so served under a requisition referred to in subclause (3)(a)—specify a date for the convening of the extraordinary general meeting to which it relates that is not later than 1 month after the date on which the secretary or member, as the case may be, of the committee received the requisition. Nothing in subclause (4)(a) requires a lessee to serve on himself or herself notice referred to in the subclause. (amended) A general meeting of a body corporate shall not be held at any place outside a radius of 15km— in any case—from the parcel; or in the case of a stratum parcel—from the site on which is erected the building, part of which is comprised in the leasehold building units plan; if prior to the commencement of the meeting, 25% of the persons entitled to vote at the meeting object to that place by notice in writing to the secretary of the committee. (amended) Every notice for an annual general meeting shall— be accompanied by a copy of the statement of the accounts of the body corporate last prepared by the body corporate under section 38D (1) (c) and, where the accounts of the body corporate for that period are required by this Act to be audited a copy of a certificate by the auditor certifying whether the statement of accounts— is in agreement with the accounts; and in his or her opinion fairly sets out the financial transactions for the period to which it relates and shows a true and fair view of the state of affairs at the close of that period; and include a form of motion for adoption of those accounts; and include a form of motion for the appointment of a qualified auditor to audit the accounts of the body corporate for the next ensuing financial year; and when necessary, be accompanied by a ballot paper for the election of candidates as chairperson, secretary and treasurer of the body corporate and as other members of the committee; and if no nomination is received for any such position prior to the closing date—contain advice that the position will be filled from nominations received from the floor of the meeting. (amended) The notice for an annual general meeting may include a motion that the accounts of the body corporate relating to the next ensuing financial year shall not be audited. However, such a motion shall not be carried except by a special resolution. If the motion is so carried, the motion referred to in subclause (5)(ba) shall not be proceeded with. Nothing in subclauses (5A) to (5C) shall prevent a body corporate resolving by ordinary resolution that the accounts of the body corporate relating to any period specified in the resolution shall be audited. Every notice for an annual general meeting or an extraordinary general meeting shall— include— a form of motion to confirm the minutes of the last general meeting; and where the notice is for a meeting required to be convened by a person appointed under section 43 (2AA) for the purpose of appointment of members of a committee—a form of motion for election of those members; and a form of each other motion which— relates to the striking of a special monetary levy on all lessees of lots; or seeks to alter the rights, privileges or obligations of lessees of lots; or seeks to alter the annual monetary contribution of lessees of lots; to be considered at the meeting; and be accompanied by— a voting paper in respect of each motion referred to in paragraph (a) to be considered and determined at the meeting for use by a person entitled to vote if the person wishes to cast his or her vote in writing; and a copy of the minutes of the last general meeting; and inform each person to whom the notice is addressed that he or she or, where the notice is addressed to a corporation, a company nominee of the corporation may vote in respect of each motion and, where relevant, on election of the chairperson, secretary and treasurer of the body corporate and other members of the committee— in the case of a lessee of a lot the lease of which is subject to a mortgage shown on the roll—only in accordance with section 131 ; and except in the case of a motion requiring a unanimous resolution or a resolution without dissent—only if all contributions levied in respect of the lot and due and payable at least 30 days before the meeting, and any other moneys recoverable under this Act by the body corporate from the person to whom the notice is addressed at the date of the notice (being contributions levied on him or her, or moneys recoverable from him or her, in respect of the lot of which he or she is the lessee or first mortgagee of the lease) have been duly paid before the commencement of the meeting; and either— in person at the meeting; or by a person appointed in writing given to the secretary of the body corporate before a time specified in the notice (being a time not later than the time for the holding of the meeting) as a proxy; or in respect of some or all of the motions set out in the notice—by casting his or her vote on the voting paper referred to in paragraph (b) accompanying the notice; or in respect of the election of the chairperson, secretary or treasurer of the body corporate and other members of the committee—by furnishing to the secretary of the body corporate the ballot paper given to him or her in accordance with subclause (5)(c) indicating his or her vote on it. (amended) A person is not entitled to submit a motion for inclusion in the agenda of a meeting, to move a motion at the meeting or to nominate a person for election as the chairperson, secretary or treasurer of the body corporate or a member of the committee unless he or she is entitled to vote on that motion or in that election. For the purposes of subclause (6A), a lessee who but for the existence of a mortgage over the lease of the lot or his or her failure to pay any contribution levied or other amount recoverable by the body corporate, would be entitled to vote on a motion or in an election or a company nominee of any such lessee that is a corporation shall be deemed to be entitled to vote on that motion or in that election. (amended) A motion shall not be submitted at a general meeting unless notice of the motion has been given under this clause. A reference in subclause (7) to a motion includes a reference to a motion to amend a motion unless there is no vote cast in writing, as referred to in clause 5(b), in respect of the motion sought to be amended. The chairperson of a general meeting may with the consent of the meeting adjourn any general meeting from time to time and from place to place but no business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place. No business shall be raised at a meeting unless that business is set forth in the notice of the meeting. (sch.4-sec.1-oc.2-ssec.2) A general meeting of a body corporate (an extraordinary general meeting ), which is not an annual general meeting, shall be held whenever it is convened by the committee. (sch.4-sec.1-oc.2-ssec.2A) All business shall be deemed special which is transacted at an annual general meeting (with the exception of the consideration of accounts and the election of the chairperson, secretary and treasurer of the body corporate and other members of the committee) or at an extraordinary general meeting. (sch.4-sec.1-oc.2-ssec.3) Without limiting the power of a committee under subclause (2)— the secretary of a committee or, in his or her absence, any member of the committee shall convene an extraordinary general meeting of the body corporate as soon as practicable after he or she receives a requisition for an extraordinary general meeting signed by 1 or more persons entitled to vote in respect of 1 or more lots, the lot entitlement or the sum of the lot entitlements of which is at least one-quarter of the aggregate lot entitlement; and where a member of the committee other than the secretary receives a requisition to convene an extraordinary general meeting of the body corporate under this subclause, he or she may give, on behalf of the committee, the notice required to be given under subclause (4). (sch.4-sec.1-oc.2-ssec.4) Notice of a general meeting of a body corporate shall— be served on each lessee of a lot and first mortgagee of a lease of a lot, as ascertained from the roll, at least 7 days before the meeting; and set forth the date and time when and the place where the meeting is to be held; and where it is so served on a first mortgagee of a lease of a lot—include the name of the lessee of the lot and the addresses of the lot; and set forth the business of the meeting and in the notice, in respect of each motion to be considered by the meeting, specify whether the motion to be carried requires a resolution, special resolution, resolution without dissent or unanimous resolution; and where it is so served under a requisition referred to in subclause (3)(a)—specify a date for the convening of the extraordinary general meeting to which it relates that is not later than 1 month after the date on which the secretary or member, as the case may be, of the committee received the requisition. (sch.4-sec.1-oc.2-ssec.4A) Nothing in subclause (4)(a) requires a lessee to serve on himself or herself notice referred to in the subclause. (amended) (sch.4-sec.1-oc.2-ssec.4AA) A general meeting of a body corporate shall not be held at any place outside a radius of 15km— in any case—from the parcel; or in the case of a stratum parcel—from the site on which is erected the building, part of which is comprised in the leasehold building units plan; if prior to the commencement of the meeting, 25% of the persons entitled to vote at the meeting object to that place by notice in writing to the secretary of the committee. (amended) (sch.4-sec.1-oc.2-ssec.5) Every notice for an annual general meeting shall— be accompanied by a copy of the statement of the accounts of the body corporate last prepared by the body corporate under section 38D (1) (c) and, where the accounts of the body corporate for that period are required by this Act to be audited a copy of a certificate by the auditor certifying whether the statement of accounts— is in agreement with the accounts; and in his or her opinion fairly sets out the financial transactions for the period to which it relates and shows a true and fair view of the state of affairs at the close of that period; and include a form of motion for adoption of those accounts; and include a form of motion for the appointment of a qualified auditor to audit the accounts of the body corporate for the next ensuing financial year; and when necessary, be accompanied by a ballot paper for the election of candidates as chairperson, secretary and treasurer of the body corporate and as other members of the committee; and if no nomination is received for any such position prior to the closing date—contain advice that the position will be filled from nominations received from the floor of the meeting. (amended) (sch.4-sec.1-oc.2-ssec.5A) The notice for an annual general meeting may include a motion that the accounts of the body corporate relating to the next ensuing financial year shall not be audited. (sch.4-sec.1-oc.2-ssec.5B) However, such a motion shall not be carried except by a special resolution. (sch.4-sec.1-oc.2-ssec.5C) If the motion is so carried, the motion referred to in subclause (5)(ba) shall not be proceeded with. (sch.4-sec.1-oc.2-ssec.5D) Nothing in subclauses (5A) to (5C) shall prevent a body corporate resolving by ordinary resolution that the accounts of the body corporate relating to any period specified in the resolution shall be audited. (sch.4-sec.1-oc.2-ssec.6) Every notice for an annual general meeting or an extraordinary general meeting shall— include— a form of motion to confirm the minutes of the last general meeting; and where the notice is for a meeting required to be convened by a person appointed under section 43 (2AA) for the purpose of appointment of members of a committee—a form of motion for election of those members; and a form of each other motion which— relates to the striking of a special monetary levy on all lessees of lots; or seeks to alter the rights, privileges or obligations of lessees of lots; or seeks to alter the annual monetary contribution of lessees of lots; to be considered at the meeting; and be accompanied by— a voting paper in respect of each motion referred to in paragraph (a) to be considered and determined at the meeting for use by a person entitled to vote if the person wishes to cast his or her vote in writing; and a copy of the minutes of the last general meeting; and inform each person to whom the notice is addressed that he or she or, where the notice is addressed to a corporation, a company nominee of the corporation may vote in respect of each motion and, where relevant, on election of the chairperson, secretary and treasurer of the body corporate and other members of the committee— in the case of a lessee of a lot the lease of which is subject to a mortgage shown on the roll—only in accordance with section 131 ; and except in the case of a motion requiring a unanimous resolution or a resolution without dissent—only if all contributions levied in respect of the lot and due and payable at least 30 days before the meeting, and any other moneys recoverable under this Act by the body corporate from the person to whom the notice is addressed at the date of the notice (being contributions levied on him or her, or moneys recoverable from him or her, in respect of the lot of which he or she is the lessee or first mortgagee of the lease) have been duly paid before the commencement of the meeting; and either— in person at the meeting; or by a person appointed in writing given to the secretary of the body corporate before a time specified in the notice (being a time not later than the time for the holding of the meeting) as a proxy; or in respect of some or all of the motions set out in the notice—by casting his or her vote on the voting paper referred to in paragraph (b) accompanying the notice; or in respect of the election of the chairperson, secretary or treasurer of the body corporate and other members of the committee—by furnishing to the secretary of the body corporate the ballot paper given to him or her in accordance with subclause (5)(c) indicating his or her vote on it. (amended) (sch.4-sec.1-oc.2-ssec.6A) A person is not entitled to submit a motion for inclusion in the agenda of a meeting, to move a motion at the meeting or to nominate a person for election as the chairperson, secretary or treasurer of the body corporate or a member of the committee unless he or she is entitled to vote on that motion or in that election. (sch.4-sec.1-oc.2-ssec.6B) For the purposes of subclause (6A), a lessee who but for the existence of a mortgage over the lease of the lot or his or her failure to pay any contribution levied or other amount recoverable by the body corporate, would be entitled to vote on a motion or in an election or a company nominee of any such lessee that is a corporation shall be deemed to be entitled to vote on that motion or in that election. (amended) (sch.4-sec.1-oc.2-ssec.7) A motion shall not be submitted at a general meeting unless notice of the motion has been given under this clause. (sch.4-sec.1-oc.2-ssec.8) A reference in subclause (7) to a motion includes a reference to a motion to amend a motion unless there is no vote cast in writing, as referred to in clause 5(b), in respect of the motion sought to be amended. (sch.4-sec.1-oc.2-ssec.9) The chairperson of a general meeting may with the consent of the meeting adjourn any general meeting from time to time and from place to place but no business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place. (sch.4-sec.1-oc.2-ssec.10) No business shall be raised at a meeting unless that business is set forth in the notice of the meeting. - (a) the secretary of a committee or, in his or her absence, any member of the committee shall convene an extraordinary general meeting of the body corporate as soon as practicable after he or she receives a requisition for an extraordinary general meeting signed by 1 or more persons entitled to vote in respect of 1 or more lots, the lot entitlement or the sum of the lot entitlements of which is at least one-quarter of the aggregate lot entitlement; and - (b) where a member of the committee other than the secretary receives a requisition to convene an extraordinary general meeting of the body corporate under this subclause, he or she may give, on behalf of the committee, the notice required to be given under subclause (4). - (a) be served on each lessee of a lot and first mortgagee of a lease of a lot, as ascertained from the roll, at least 7 days before the meeting; and - (b) set forth the date and time when and the place where the meeting is to be held; and - (c) where it is so served on a first mortgagee of a lease of a lot—include the name of the lessee of the lot and the addresses of the lot; and - (d) set forth the business of the meeting and in the notice, in respect of each motion to be considered by the meeting, specify whether the motion to be carried requires a resolution, special resolution, resolution without dissent or unanimous resolution; and - (e) where it is so served under a requisition referred to in subclause (3)(a)—specify a date for the convening of the extraordinary general meeting to which it relates that is not later than 1 month after the date on which the secretary or member, as the case may be, of the committee received the requisition. - (a) in any case—from the parcel; or - (b) in the case of a stratum parcel—from the site on which is erected the building, part of which is comprised in the leasehold building units plan; - (a) be accompanied by a copy of the statement of the accounts of the body corporate last prepared by the body corporate under section 38D (1) (c) and, where the accounts of the body corporate for that period are required by this Act to be audited a copy of a certificate by the auditor certifying whether the statement of accounts— (i) is in agreement with the accounts; and (ii) in his or her opinion fairly sets out the financial transactions for the period to which it relates and shows a true and fair view of the state of affairs at the close of that period; and - (i) is in agreement with the accounts; and - (ii) in his or her opinion fairly sets out the financial transactions for the period to which it relates and shows a true and fair view of the state of affairs at the close of that period; and - (b) include a form of motion for adoption of those accounts; and - (ba) include a form of motion for the appointment of a qualified auditor to audit the accounts of the body corporate for the next ensuing financial year; and - (c) when necessary, be accompanied by a ballot paper for the election of candidates as chairperson, secretary and treasurer of the body corporate and as other members of the committee; and - (d) if no nomination is received for any such position prior to the closing date—contain advice that the position will be filled from nominations received from the floor of the meeting. - (i) is in agreement with the accounts; and - (ii) in his or her opinion fairly sets out the financial transactions for the period to which it relates and shows a true and fair view of the state of affairs at the close of that period; and - (a) include— (i) a form of motion to confirm the minutes of the last general meeting; and (ii) where the notice is for a meeting required to be convened by a person appointed under section 43 (2AA) for the purpose of appointment of members of a committee—a form of motion for election of those members; and (iii) a form of each other motion which— (A) relates to the striking of a special monetary levy on all lessees of lots; or (B) seeks to alter the rights, privileges or obligations of lessees of lots; or (C) seeks to alter the annual monetary contribution of lessees of lots; to be considered at the meeting; and - (i) a form of motion to confirm the minutes of the last general meeting; and - (ii) where the notice is for a meeting required to be convened by a person appointed under section 43 (2AA) for the purpose of appointment of members of a committee—a form of motion for election of those members; and - (iii) a form of each other motion which— (A) relates to the striking of a special monetary levy on all lessees of lots; or (B) seeks to alter the rights, privileges or obligations of lessees of lots; or (C) seeks to alter the annual monetary contribution of lessees of lots; - (A) relates to the striking of a special monetary levy on all lessees of lots; or - (B) seeks to alter the rights, privileges or obligations of lessees of lots; or - (C) seeks to alter the annual monetary contribution of lessees of lots; - (i) a form of motion to confirm the minutes of the last general meeting; and - (ii) where the notice is for a meeting required to be convened by a person appointed under section 43 (2AA) for the purpose of appointment of members of a committee—a form of motion for election of those members; and - (iii) a form of each other motion which— (A) relates to the striking of a special monetary levy on all lessees of lots; or (B) seeks to alter the rights, privileges or obligations of lessees of lots; or (C) seeks to alter the annual monetary contribution of lessees of lots; - (A) relates to the striking of a special monetary levy on all lessees of lots; or - (B) seeks to alter the rights, privileges or obligations of lessees of lots; or - (C) seeks to alter the annual monetary contribution of lessees of lots; - (A) relates to the striking of a special monetary levy on all lessees of lots; or - (B) seeks to alter the rights, privileges or obligations of lessees of lots; or - (C) seeks to alter the annual monetary contribution of lessees of lots; - (b) be accompanied by— (i) a voting paper in respect of each motion referred to in paragraph (a) to be considered and determined at the meeting for use by a person entitled to vote if the person wishes to cast his or her vote in writing; and (ii) a copy of the minutes of the last general meeting; and - (i) a voting paper in respect of each motion referred to in paragraph (a) to be considered and determined at the meeting for use by a person entitled to vote if the person wishes to cast his or her vote in writing; and - (ii) a copy of the minutes of the last general meeting; and - (c) inform each person to whom the notice is addressed that he or she or, where the notice is addressed to a corporation, a company nominee of the corporation may vote in respect of each motion and, where relevant, on election of the chairperson, secretary and treasurer of the body corporate and other members of the committee— (i) in the case of a lessee of a lot the lease of which is subject to a mortgage shown on the roll—only in accordance with section 131 ; and (ii) except in the case of a motion requiring a unanimous resolution or a resolution without dissent—only if all contributions levied in respect of the lot and due and payable at least 30 days before the meeting, and any other moneys recoverable under this Act by the body corporate from the person to whom the notice is addressed at the date of the notice (being contributions levied on him or her, or moneys recoverable from him or her, in respect of the lot of which he or she is the lessee or first mortgagee of the lease) have been duly paid before the commencement of the meeting; and (iii) either— (A) in person at the meeting; or (B) by a person appointed in writing given to the secretary of the body corporate before a time specified in the notice (being a time not later than the time for the holding of the meeting) as a proxy; or (C) in respect of some or all of the motions set out in the notice—by casting his or her vote on the voting paper referred to in paragraph (b) accompanying the notice; or (D) in respect of the election of the chairperson, secretary or treasurer of the body corporate and other members of the committee—by furnishing to the secretary of the body corporate the ballot paper given to him or her in accordance with subclause (5)(c) indicating his or her vote on it. - (i) in the case of a lessee of a lot the lease of which is subject to a mortgage shown on the roll—only in accordance with section 131 ; and - (ii) except in the case of a motion requiring a unanimous resolution or a resolution without dissent—only if all contributions levied in respect of the lot and due and payable at least 30 days before the meeting, and any other moneys recoverable under this Act by the body corporate from the person to whom the notice is addressed at the date of the notice (being contributions levied on him or her, or moneys recoverable from him or her, in respect of the lot of which he or she is the lessee or first mortgagee of the lease) have been duly paid before the commencement of the meeting; and - (iii) either— (A) in person at the meeting; or (B) by a person appointed in writing given to the secretary of the body corporate before a time specified in the notice (being a time not later than the time for the holding of the meeting) as a proxy; or (C) in respect of some or all of the motions set out in the notice—by casting his or her vote on the voting paper referred to in paragraph (b) accompanying the notice; or (D) in respect of the election of the chairperson, secretary or treasurer of the body corporate and other members of the committee—by furnishing to the secretary of the body corporate the ballot paper given to him or her in accordance with subclause (5)(c) indicating his or her vote on it. - (A) in person at the meeting; or - (B) by a person appointed in writing given to the secretary of the body corporate before a time specified in the notice (being a time not later than the time for the holding of the meeting) as a proxy; or - (C) in respect of some or all of the motions set out in the notice—by casting his or her vote on the voting paper referred to in paragraph (b) accompanying the notice; or - (D) in respect of the election of the chairperson, secretary or treasurer of the body corporate and other members of the committee—by furnishing to the secretary of the body corporate the ballot paper given to him or her in accordance with subclause (5)(c) indicating his or her vote on it. - (i) a voting paper in respect of each motion referred to in paragraph (a) to be considered and determined at the meeting for use by a person entitled to vote if the person wishes to cast his or her vote in writing; and - (ii) a copy of the minutes of the last general meeting; and - (i) in the case of a lessee of a lot the lease of which is subject to a mortgage shown on the roll—only in accordance with section 131 ; and - (ii) except in the case of a motion requiring a unanimous resolution or a resolution without dissent—only if all contributions levied in respect of the lot and due and payable at least 30 days before the meeting, and any other moneys recoverable under this Act by the body corporate from the person to whom the notice is addressed at the date of the notice (being contributions levied on him or her, or moneys recoverable from him or her, in respect of the lot of which he or she is the lessee or first mortgagee of the lease) have been duly paid before the commencement of the meeting; and - (iii) either— (A) in person at the meeting; or (B) by a person appointed in writing given to the secretary of the body corporate before a time specified in the notice (being a time not later than the time for the holding of the meeting) as a proxy; or (C) in respect of some or all of the motions set out in the notice—by casting his or her vote on the voting paper referred to in paragraph (b) accompanying the notice; or (D) in respect of the election of the chairperson, secretary or treasurer of the body corporate and other members of the committee—by furnishing to the secretary of the body corporate the ballot paper given to him or her in accordance with subclause (5)(c) indicating his or her vote on it. - (A) in person at the meeting; or - (B) by a person appointed in writing given to the secretary of the body corporate before a time specified in the notice (being a time not later than the time for the holding of the meeting) as a proxy; or - (C) in respect of some or all of the motions set out in the notice—by casting his or her vote on the voting paper referred to in paragraph (b) accompanying the notice; or - (D) in respect of the election of the chairperson, secretary or treasurer of the body corporate and other members of the committee—by furnishing to the secretary of the body corporate the ballot paper given to him or her in accordance with subclause (5)(c) indicating his or her vote on it. - (A) in person at the meeting; or - (B) by a person appointed in writing given to the secretary of the body corporate before a time specified in the notice (being a time not later than the time for the holding of the meeting) as a proxy; or - (C) in respect of some or all of the motions set out in the notice—by casting his or her vote on the voting paper referred to in paragraph (b) accompanying the notice; or - (D) in respect of the election of the chairperson, secretary or treasurer of the body corporate and other members of the committee—by furnishing to the secretary of the body corporate the ballot paper given to him or her in accordance with subclause (5)(c) indicating his or her vote on it.